UPDATE: December 28, 2012
New information on a Texoma man charged with killing his two young children. Young County District Attorney's Office transferred Gabriel Armandariz's case to the state.
A February 1st, 2013 date is set, in which a judge will consider motions for change of venue for the trial. The trial date will mostly be set in September 2013.
UPDATED: April 27, 2012
Another pre-trial hearing took place on April 27, 2012 for Gabriel Armandariz. The defense finally got their hands on fifty CD's containing thousands of discovery items for the case.
The prosecutor said to his knowledge, all of the documents on the CD's was everything the District Attorney had on the case, but if during the trial it was discovered that another document had been found, he would share it with the defense.
The judge asked both the defense and prosecutor to give a timeline of when they will be prepared for trial to begin.
The defense said they were not ready to give a date, because they needed time to review the documents they had just received that morning from the prosecutor.
April 23 , 2012
Graham resident Gabriel Armandariz is accused of murdering his own children in April of 2011. Law enforcement found their bodies under Armandariz's home. He was indicted in June on capitol murder charges.
Court documents from a pre-trial hearing on Friday April 13, 2012 show a heated exchange between the defense and prosecution. The defense actually put Young County District Attorney Brenda Gray on the stand.
The heated exchange began defense attorneys Joetta Keene and Terri Moore questioned Gray about not handing the case file over. The DA's office has a duty to turn over all the evidence to Armandariz's attorneys so they can properly prepare for trial. Instead that file is sitting in the Attorney General's Office in Austin.
More than 50 pages of documents show heated arguments. Each time they argued that Gray did not have a copy of the documents available even though they said she quote "promised" she would have them.
Terri Moore questioned DA Gray, "So between March the 13th and the 23rd, how
were you going to make a copy for us and put it on a flash drive like you promised?
Gray responded back, "You're using that "promise" word again."
District Attorney Gray said she never withheld information from the defense:
"When she was in my office in February, or January and February, I recall at the same time that I said y'all can look through, and I think it was the February, I believe, they did not want to do that at that time and mentioned they were going to see their client. The state has never withheld from the defense."
District Attorney Gray was under oath and questioned by the defense for more than 30 minutes.
Defense Attorney Joetta Keene said she has no trust in District Attorney Gray, "In 21 years of being a lawyer I've never said this: I don't trust the prosecuting attorney."
A prosecutor from the Attorney General's Office was not able to attend this hearing, but he wasn't the only no show. Multiple law enforcement agencies were subpoenaed, ordered to attend the hearing with copies of all the evidence they handed over to the DA's office, but they didn't come.
The District Attorney admitted to 'texting' them not to go to the hearing. She contended that they didn't need to be there because it was her understanding they did not need to appear in court that day. After a long exchange the court finally ordered that the case files the defense has been waiting for must be turned over by the middle of May.
Newschannel 6 reached out to all members in this trial. They declined to comment while this case is still pending.
Another hearing will be held Friday morning in Young County. Newschannel 6 will be there.